Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1887-01-17
THE CARLL OPERA HOUSE.

End of a Long Observation-Disclosures
Facts-The Coming New Regime.
The CARL Opera House has, to all appear
lnces, at last passed into the hands and con-
,rol of DR.. Winchell, who on Saturday took
ega1 possession owing to failure on the part
Of Mr.. CARL to meet his obligations relative
to his retaining charge. The history of the
CARL Opera House litigation is we'll known
to the public, the matter having so often
been in the courts. It will be remembered
by those who have followed this case that
DR.. Winchell last summer got judgment on
his claims against the CARL Opera House
but before taking out execution
he signed bond which had been drawn up
by Attorney John w. Alling, who acted for
DIR. Winchell, Attorney Whiting represent
ing Mr.. CARL, in which it was stipulated
that Mr.. CARL could buy the property back
January 1, 1887, and So, 900 every three
months until the full amount stipulated was
paid. 1t was also part of the contract that
if these amounts were not paid within ten
days from the time they became
due the amounts already paid were
forfeited, as well as the right to purchase,
and DIR. Winchell would have the right to
yer Whiting, who as attorney for Mr.. CARL
had signed tho bond, transferred his trustee
ship to Benajah II. Douglass and Henry F.
Peck, for whom he had in reality been act
ing, and the negotiations since then have
been chiefly between Mr.. Peck and DR.. Win
chell. The first payment was made within
the limits of the time agreed upon, but the
second payment, due January 1, 1887, was
not paid After the ten days limit
had expired Mr.. Peck tried to make some
negotiations with DR.. Winchell which
would enable him to hold the property.
He proposed to pay 81 900 and let the rest
run for about year, but he could not induce
DR.. Winchell to accept that He then offered
to pay So, 900 down and the rest in install
ments, but that didn't suit the doctor, who
Mr.. Peck that Henry F. Warner,
the first mortgage, held claim against the
property for "a 900 back interest which he
would have to pay in April. Mr. Peck tried
to devise other schemes, but he found none
that were satisfactory, so he was obliged to
give it up and Saturday morning saw Con-
stable Higgins take possession in the name of
Dr. Winchell. The keys were turned over
to the doctor and the property passed into
his hands.
DR.. Winehel1 and his attorney were present
with the sheriff, and Marshal Carll finding
that all the keys must be surrendered, turned
them over to the possession of DR.. Winchell.
" Acu lu0 A0" IO1 pay AACdV ny
was assumed by Mr.. CARL
strong effort was exerted by Mr.. CARL and
friends to raise as whole the required
amount due DR.. Winchell, and at one time
rumors were that the issue would be favor
able to Mr.. Carll's hopes and many
had faith that as he had succeeded
in overcoming so many obstacles in build
ing the opera house that he would even in
this strait be successful. But up to the
present time the result has proven otherwise.
The Indebtedness now upon the opera house,
all other claims being now disposed CT in DR..
WinchelPs taking possession, Is the $4O, OO0
first mortgage vested inthe heirs of the late
Gaius F. Warner. This mortgage was or1gl-
nally $50 ,000 but was lessened to $40, 900,
the heirs of G. F.Warner taking in exchange
the piece of land lying between the CARL
Opera House driveway and the White resi-
dence. This mortgage is not a mortgage pay
able on demand nor for stated term of
years, and cannot be foreclosed until GER
tain event happens, it being life tenure or
dependent ON some other contingency. The
following notice has been sent to this Office
for publication as legal advertisement of
notice:
NEW HAVEN, Conn, Jan. Is, 1887
To all Persons whom it may Concern:
Please take notice that the undersigned having
under foreclosure proceedings acquired title to and
possession of the property known as the Carl
same must be made with him, and no contracts
heretofore made by Peter R. CARL are of any valid
ity as against the property unless ratified by
ALvoRD E. WINCHELL
Thus all new contracts for renting the
opera house are to be made with DR.. Win
chell and all contracts of rental yet untitled
must be ratified by DIR. Winchell. Mr.. Por
ter, representing the New Haven Concert
sociation, under whose auspices Faust will
be given here Thursday night, has already
verified the contract for the use of the house
hovo 7ob
MAIDS a contract for hiring
the house for the Grays and citizens grand
charity ball, for one night-probably Feb.
Dist. No engagements of the house will, of
course, be cancelled, provided the rental fig
ures accord with established usage The
which has thus become DR.. Win
chelIs is not, as some may have supposed,
confined to the opera house building and
land exclusively, but includes the Republican
league headquarters, which pays an annual
rental of 81 500. There is also a rear piece
of land back of the opera house on the west
side of about an acre, which is valuable in
connection with the opera house
and valuable also for other pur-
poses. For this, which came into
DIR. Winchells possession in payment of some
Of Mr.. Carlls obligations a few yerrs ago,
for money loaned, Dr. Winchell
mas had offers from responsible parties seek
ng to build thereon. The amount of the
obligations from Mr.. CARL to DIR. Winchell
which are now cancelled, or supposed to be,
oy the legal transfer through the decree of
,he court and the final taking possession, is
1ot exactly known, but is said to be between
$50, 900 and $40, 900, including unpaid sums
If interest. DR.. Winchell, a gentleman
aid yesterday who had accurate in
formation in the matter, would
lot remain in the role of man
.ger of an opera house but short time, his
!
20 forbid it, and that DR.. Winchell had now
lnder consideration applications from five or
'ix responsible parties seeking to enter into
contract to take the management of the
house. Mr.. Wall, of the New Haven Opera
House, it is understood is ready to assume the
of the CARL house in addition to
lis own, and under such a combination, no
loubt the city would be we'll served. Our
Informant said that there was no keeper
emaining in the opera house, the keys be-
ng also in DR.. Winchell's possession. He
aid that the fires at the opera house would
)e kept running night and day, banked, SO
hat whenever the house was to be opened
or a show a sufficient degree of heat could
'e quickly obtained. When the new con-
ract forfeited by Mr.. Carll's non-payment of
he second $1,000 was made a deed in
escrow was deposited with Judge Luzon B.
Morris, which would, in the event of COM
1lete fulfllment of the obligations, have
egally placed Mr.. CARL in control again.
Even now it is rumored that some new pro-
seeding is contemplated to reinstate Manager
Jarll, and he has been so successful in many
IN emergency that an impression is abroad
md it is hoped by many that he will succeed
n devising some plan tending to that result
Manager CARL said last night that he had
40 i'll feeling over the matter towards any
one. He preferred not to say whether he in
5ended to take any steps to recover the man
agership of the opera house. He said: "They
have driven me out of one corner, but there
are other corners left. My friends have Of
tered me $50, 900 with which to build new
5heater, but there are enough theaters in the
.ity. If had only been given thirty
days in which to pay up that 81, 600
it would have been all right. I had
already paid So. 800 of the necessary 81, 900,
which was big portion of the requisite
sum, and would have guaranteed the s., 600
in thirty days, but they didn't see fit to ac-
cept the arrangement and hence the eviction.
have done much for the amusement-loving
people of the city, and now owing to mere
am dispossessed. I'd rather
not state what my plans are for the future.
1t wouldn't be policy for me to do 80. Many
well known and prominent citizens have
come to me and expressed their sympathy
over my present circumstances.
AT THE APEX.
New Mavena Take the Lead-Exe1tsno